TERMS AND CONDITIONS GENIE - Flipbook - Page 4
15. Default and Seller's Remedies. In the event of default by Buyer, all unpaid sums and installments owed to Seller shall,
at Seller's sole option, become immediately due and payable without notice of any kind to Buyer. In addition to its right of
acceleration, Seller may pursue any and all remedies allowed by law or in equity, including but not limited to any and all
remedies available to it under the Delaware Uniform Commercial Code. In addition to the foregoing, and not in limitation
thereof, Seller shall have the right to set off any credits or amounts owed to Buyer against any amounts owed by Buyer to
Seller.
16. Indemnification by Buyer. Buyer hereby agrees to indemnify, release, defend and hold harmless Seller, its directors,
officers, employees, agents, representatives, successors, and assigns against any and all suits, actions or proceedings at
law or in equity (including the costs, expenses and reasonable attorney's fees incurred in connection with the defense of
any such matter) and from any and all claims demands, losses, judgments, damages, costs, expenses or liabilities, to any
person whatsoever (including Buyer's and Seller's employees or any third party), or damage to any property (including
Buyer's property) arising out of or in any way connected with the performance or the furnishing of Products under this
agreement, regardless of whether any act, omission, negligence (including any act, omission or negligence, relating to the
manufacture, design, repair, erection, service or installation of or warnings made or lack thereof with respect to any parts
or Equipment furnished hereunder) of Seller, its directors, officers, employees, agents, representatives, successors or
assigns caused or contributed thereto. If Buyer fails to fulfill any of its obligations under this paragraph or agreement, Buyer
agrees to pay Seller all costs, expenses and attorney's fees incurred by Seller to establish or enforce Seller's rights. The
provisions of this section are in addition to any other rights or obligations set forth in this agreement.
17. Installation. Unless otherwise expressly agreed in writing, Buyer shall be solely responsible for the installation and
erection of the Products purchased. Although Seller may in some cases provide a serviceman, data and drawings to aid
Buyer with installation or start-up, Seller assumes no responsibility for proper installation or support of any Product when
installed and disclaims any express or implied warranties with respect to such installation and support. Notwithstanding
whether data and drawings are provided or a serviceman aids in the installation, Buyer shall indemnify and hold Seller
harmless and at Seller's request, defend Seller from all claims, demands or legal proceedings (including the costs, expenses
and reasonable attorney's fees incurred in connection with the defense of any such matter) which may be made or brought
against Seller in connection with damage or personal injury arising out of said installation or start-up.
18. Force Majeure. Seller shall not be liable to Buyer or be deemed to be in breach of this agreement by reason of any
delay in performing, or any failure to perform, any of Seller’s obligations in relation to the Products if the delay or failure was
due to any cause beyond the reasonable control of Seller including (without limitation) strike, lockout, riot, civil commotion,
fire, accident, explosion, tempest, act of God, war, epidemic, stoppage of transport, terrorist activity, supply shortage or
changes in government, governmental laws, regulations or administrative practices.
19. Anti-Corruption; Export Controls; No Boycotts. Buyer agrees that it shall, and that any party retained or paid by the
Buyer (
